§ 1643b. — Receipt of claims; determination of amount and validity.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1643b]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 21--SETTLEMENT OF INTERNATIONAL CLAIMS
SUBCHAPTER V--CLAIMS AGAINST CUBA AND CHINA
Sec. 1643b. Receipt of claims; determination of amount and
validity
(a) Claims for property loss
The Commission shall receive and determine in accordance with
applicable substantive law, including international law, the amount and
validity of claims by nationals of the United States against the
Government of Cuba, or the Chinese Communist regime, arising since
January 1, 1959, in the case of claims against the Government of Cuba,
or since October 1, 1949, in the case of claims against the Chinese
Communist regime, for losses resulting from the nationalization,
expropriation, intervention, or other taking of, or special measures
directed against, property including any rights or interests therein
owned wholly or partially, directly or indirectly at the time by
nationals of the United States, if such claims are submitted to the
Commission within such period specified by the Commission by notice
published in the Federal Register (which period shall not be more than
eighteen months after such publication) within sixty days after October
16, 1964, or sixty days after November 6, 1966, with respect to claims
against the Chinese Communist regime, or of legislation making
appropriations to the Commission for payment of administrative expenses
incurred in carrying out its functions with respect to each respective
claims program authorized, under this subchapter, whichever date is
later. In making the determination with respect to the validity and
amount of claims and value of properties, rights, or interests taken,
the Commission shall take into account the basis of valuation most
appropriate to the property and equitable to the claimant, including but
not limited to, (i) fair market value, (ii) book value, (iii) going
concern value, or (iv) cost of replacement.
(b) Claims for disability or death
The Commission shall receive and determine in accordance with
applicable substantive law, including international law, the amount and
validity of claims by nationals of the United States against the
Government of Cuba, or the Chinese Communist regime, arising since
January 1, 1959, in the case of claims against the Government of Cuba,
or since October 1, 1949, in the case of claims against the Chinese
Communist regime, for disability or death resulting from actions taken
by or under the authority of the Government of Cuba, or the Chinese
Communist regime, if such claims are submitted to the Commission within
the period established by the Commission under subsection (a) of this
section, or within six months after the date the claims first arose (as
determined by the Commission), whichever date last occurs.
(Mar. 10, 1950, ch. 54, title V, Sec. 503, as added Pub. L. 88-666, Oct.
16, 1964, 78 Stat. 1110; amended Pub. L. 89-262, Sec. 2, Oct. 19, 1965,
79 Stat. 988; Pub. L. 89-780, Sec. 3, Nov. 6, 1966, 80 Stat. 1365.)
Amendments
1966--Subsec. (a). Pub. L. 89-780, Sec. 3, empowered the Commission
to receive claims against the Chinese Communist regime arising since
October 1, 1949, if such claims are submitted within such period of time
specified by the Commission by notice published in the Federal Register,
which notice is required to be published within 60 days after November
6, 1966.
Subsec. (b). Pub. L. 89-780, Sec. 3(1), (2), provided for
applicability of subsection to the Chinese Communist regime in the case
of claims arising since October 1, 1949.
1965--Subsec. (a). Pub. L. 89-262 struck out ``arising out of debts
for merchandise furnished or services rendered by nationals of the
United States without regard to the date on which such merchandise was
furnished or services rendered or'' after ``Government of Cuba''.
Section Referred to in Other Sections
This section is referred to in sections 1643c, 1643d, 1643l, 1643m
of this title.
